(a) Any person who is required to report pursuant to this statute and willfully fails to report suspected or actual abuse or neglect may be subject to a civil money penalty of up to $5,000.00 and may suffer any other appropriate civil fine/order that might be necessary to ensure compliance with this Code and protect any individual who is entitled to protection pursuant to this Code. All persons required to report who fail to report are entitled to receive specific notice in a timely fashion and an opportunity for hearing in Tribal Court prior to any penalty being assessed. Any penalty or order may only be assessed after determination of a duty to report is found at the hearing. A person failing to report suspected abuse or neglect may be subject to suit by or on behalf of abused persons for damages resulting from unreported abuse.
(b) A person who makes a report of suspected abuse or neglect knowing such report to be false will be subject to a civil money penalty of up to $5,000.00. Said fine or other appropriate civil orders to ensure compliance with this Code will not be assessed unless and until the accused false reporter receives specific notice in a timely fashion and an opportunity for hearing in Tribal Court prior to any penalty being assessed. The false reporter may also suffer civil damages being assessed pursuant to an action by the person falsely accused. [Ord. 24 § 5, adopted, 2/10/2011.]